N.C.P.I.—Civil 800.00A

“Did the plaintiff file this action within three years after discovery of

the facts constituting the fraud?”

If you have answered the (state number) issue “Yes” in favor of the

plaintiff, the plaintiff's claim may nonetheless be legally barred by what

is called the statute of limitations.1 The law provides that a lawsuit

claiming fraud must be filed within three years after discovery of the facts

constituting the fraud.2 The plaintiff filed the present lawsuit on (state

date of filing of fraud action).

On this issue, the burden of proof is on the plaintiff. 3 This means

that the plaintiff must prove, by the greater weight of the evidence, that

the plaintiff filed this action within three years after discovery of the

facts constituting the fraud. A person discovers facts constituting a fraud

when he becomes aware of facts or circumstances which, in the exercise

of reasonable diligence, would have enabled him to discover the

defendant’s [false representation] [concealment].4

The law imposes a duty on a plaintiff to exercise reasonable

diligence to discover the [false representation] [concealment] that forms

the basis for his claim.5 A plaintiff’s obligation to investigate begins when

an event occurs that raises his suspicion, or would have raised the

suspicion of a reasonable and prudent person in the same or similar

circumstances as the plaintiff.6

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence, that the plaintiff

filed this action within three years after discovery of the facts

constituting the fraud, then it would be your duty to answer this issue

“Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.